Herron High School
Section 504 Policies and Procedures Manual
Section 504 of the Rehabilitation Act of 1973 is a civil rights statute which provides: “No otherwise
qualified individual with handicaps in the United States...shall, solely by reason of his/her handicap, be
excluded from the participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.” 29 USC § 794.
Overview
What is Section 504?
Section 504 is a federal civil rights law designed to eliminate disability discrimination in programs and
activities that receive federal funds. All public schools receive federal funds, therefore denying a disabled
student a Free and Appropriate Education (FAPE) constitutes disability discrimination.
Who is a "qualified" individual with a disability?
For elementary and secondary education programs, regulations define a qualified individual with a
disability as one who is: (a) of an age during which non-disabled individuals are provided with
educational services; (b) of any age during which it is mandatory under state law to provide such services
to disabled individuals; or (c) entitled to FAPE under IDEA.
Who is eligible under Section 504?
Section 504 covers qualified students with disabilities who attend schools receiving federal funds. To be
protected, a student must be determined to: (a) have a physical or mental impairment that substantially
limits one or more major life activities; (b) have a record of such impairment; or (c) be regarded as
having such impairment.
The Department of Education’s Office for Civil Rights (OCR) enforces four federal statutes that prohibit
discrimination in programs and activities receiving federal financial assistance from the U.S. Department
of Education.
Notice of Non-discrimination
Herron High School does not discriminate on the basis of race, color, gender, sex, gender identity,
disability, religion, ancestry, national or ethnic origin, or any characteristic that is legally protected under
applicable local, state or federal law in the administration of its educational policies, behavior policies,
admissions policies, scholarship and loan programs, food service and athletic or other schooladministered programs.
Herron High School abides by the Indiana Civil Rights Laws (I.C. 22-9-1), Title VI and VII (Civil Rights Act of
1964), the Equal Pay Act of 1973, Title IX (Educational Amendments), Section 504 (Rehabilitation Act of
1973), and the Americans with Disabilities Act (42 USCS § 12101,et.seq.) and all other Federal Civil Rights
Acts.
The following person has been designated to handle inquiries regarding Herron High School’s nondiscrimination and Federal compliance policies:
Karen Lalioff
Herron High School
110 E. 16th Street
Indianapolis, IN 46202
klalioff@herronhighschool.org
317-231-0010 x1113
Complaints regarding Section 504 may be directed to Herron High School’s 504 Coordinator, Jane
Hagenauer, 110 E. 16th Street, RM #241, Indianapolis, IN 46202 or by phone or email at 317-231-0010
x1105 or jhagenauer@herronhighschool.org . Inquiries may also be made to the regional office of the
OCR directly: U.S. Department of Education, Office for Civil Rights, 500 W. Madison Street, Suite 1475,
Chicago, IL 60661-4544, Telephone: (312) 730-1560 / Facsimile: (312) 730-1576
Annual Notice to Parents
In compliance with state and federal law, Herron High School will provide to each protected student
with a disability without discrimination or cost to the student or family, those related aids, services or
accommodations which are needed to provide equal opportunity to participate in and obtain the
benefits of the school program and extracurricular activities to the maximum extent appropriate to the
student’s abilities. In order to qualify as a protected student with a disability, the student must be of
school age with a physical or mental disability which substantially limits or prohibits participation in or
access to an aspect of the school program. These services and protections for “protected students who
are disabled” are distinct from those applicable to all eligible or exceptional students enrolled (or
seeking enrollment) in special education programs.
For further information on the evaluation procedures and provision of services to protected disabled
students, contact the school’s 504 Implementation Coordinator:
Katie Dorsey: kdorsey@herronhighschool.org, 317-231-0010, x1114
Notice of Procedural Safeguards
SECTION 504, THE REHABILITATION ACT OF 1973
The Rehabilitation Act of 1973, commonly referred to as Section 504, is a federal nondiscrimination
statute. The purpose of the Act is to prohibit discrimination and to assure that disabled students have
educational opportunities and benefits equal to those provided to nondisabled students.
An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is
regarded as having a physical or mental impairment which substantially limits a major life activity (such
as learning, self-care, walking, seeing, hearing, speaking, breathing, working and performing manual
tasks) or a major bodily function (such functions include immune system, normal cell growth, digestive,
bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions).
The purpose of this Notice is to delineate the procedural rights assured by Section 504. The enabling
regulations for Section 504 at 34 CFR Part 104, entitle students to the following rights:
1. Your student has the right to an appropriate education designed to meet his/her individual
educational needs as adequately as the needs of nondisabled students are met. 34 CFR §
104.33.
2. Your student has the right to free educational services except for those fees that are imposed
on nondisabled students or their parents. Insurers and similar third parties are not relieved from
an otherwise valid obligation to provide or pay for services provided to a disabled student. 34
CFR § 104.33.
3. Your student has a right to placement in the least restrictive environment. 34 CFR § 104.34.
4. Your student has a right to facilities, services, and activities that are comparable to those
provided to nondisabled students. 34 CFR § 104.34.
5. Your student has a right to an evaluation prior to an initial Section 504 placement and any
subsequent change in placement. 34 CFR § 104.35.
6. Testing and other evaluation procedures must conform to the requirements of 34 CFR §
104.35 as to validation, administration, areas of evaluation, etc. Herron High School shall
consider information from a variety of sources, including aptitude and achievement tests,
teacher recommendations, physical condition, social and cultural background, adaptive
behavior, physical or medical reports, student grades, progress reports, parent observations,
anecdotal reports, and assessment scores. 34 CFR § 104.35.
7. Placement decisions must be made by a group of persons (i.e., Section 504 Committee),
including persons knowledgeable about your student, the meaning of the evaluation data, the
placement options, and the legal requirements for least restrictive environment and comparable
facilities. 34 CFR § 104.35.
8. If eligible under Section 504, your student has a right to periodic reevaluations, generally
every three (3) years. 34 CFR § 104.35.
9. You have the right to notice prior to any action by Herron High School in regard to the
identification, evaluation, or placement of your student. 34 CFR § 104.36.
10. You have the right to examine relevant records. 34 CFR § 104.36.
11. You have the right to an impartial hearing with respect to the Herron High School’s actions
regarding your student’s identification, evaluation, or educational placement, with opportunity
for parental participation in the hearing and representation by an attorney. 34 CFR § 104.36.
12. If you wish to challenge the actions of the Herron High School’s Section 504 Committee in
regard to your student’s identification, evaluation, or educational placement, you should file an
oral or written request for a due process hearing with the Herron High School’s Section 504
Coordinator. 34 CFR § 104.7.
13. If you disagree with the decision of the impartial hearing officer, you have a right to a review
of that decision by a court of competent jurisdiction. 34 CFR § 104.36.
14. You also have a right to file a complaint with the Office for Civil Rights. The address of the
regional office with jurisdiction over Indiana is:
U.S. Department of Education
Office for Civil Rights
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
Telephone: (312) 730-1560
Facsimile: (312) 730-1576
15. You may seek reimbursement for attorney fees.
My signature indicates that I have received this Notice of Procedural Safeguards.
________________________________________________________________ Date: ____________
Copies to: _____ Parent/guardian
_____ School Section 504 file
_____ Herron High School Section 504 coordinator
Section 504 Parental Rights
Pursuant to Section 504 of the Rehabilitation Act of 1973, disabled students and their parents or
guardians are entitled to procedural safeguards with respect to actions taken by Herron High School
regarding the identification, evaluation, or educational placement of students who are identified under
this statute. In this regard the following rights are afforded:
1. Notice of any action taken with regard to identification, evaluation, or educational placement
of a disabled student;
2. An opportunity to examine relevant records;
3. An impartial hearing with the opportunity for participation by the disabled student’s
parents/guardians and representation by counsel; and
4. A review procedure.
If you would like further explanation of these rights, please contact Jane Hagenauer, Section 504
Coordinator, at 317-231-0010, x 1105.
Section 504 Parental Rights were given by _________________________________________________
on this date; ____/_____/________ (date) for this student;
______________________________________________________________________________; whose
birthdate is: ____________________; and who attends Herron High School.
Copies to: _____ Parent/guardian
_____ School Section 504 file
_____ Herron High School Section 504 coordinator
Section 504 Informational Notice
Section 504 of the Rehabilitation Act of 1973, is a civil rights statute, which prohibits discrimination
against persons with a disability in any program or activity receiving federal financial assistance. The
statute defines a person with a disability as anyone who:

Has a mental or physical impairment which substantially limits one or more major life activities
(major life activities include activities such as caring for one’s self, performing manual tasks,
walking, seeing, hearing speaking, breathing, learning, and working) or major bodily functions
(such functions include immune system, normal cell growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory, endocrine, and reproductive functions);

Has a record of such impairment;

Is regarded as having such impairment.
In order to fulfill its obligation under Section 504, Herron High School recognizes a responsibility to avoid
discrimination in policies and practices regarding its personnel and students. No discrimination against
any person with a disability will knowingly be permitted in any of the programs or activities in Herron
High School.
Herron High School has specific responsibilities under Section 504, which include the responsibility to
identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to
appropriate educational services.
If the parent/guardian disagrees with the determination made by the professional staff of the (School
System), s/he has a right to a hearing with an impartial hearing officer.
The Family Educational Rights and Privacy Act (FERPA) also specify rights related to educational records.
FERPA gives parents/guardians the right to:






Inspect and review his/her student’s educational records;
Make copies of his/her student’s educational records;
Receives a list of all individual(s) having access to his/her student’s educational records;
Ask for an explanation of any item in the records;
Ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates
the student’s rights; and
A hearing on the issues if the school refuses to make the amendment.
If there are any questions about this informational notice, please contact either:
 Jane Hagenauer, Section 504 Coordinator, at 317-231-0010 x1105
 Katie Dorsey, 504 Implementation Coordinator, 317-231-0010 x1114
Parent/Student Rights in Identification, Evaluation, and Placement
The following is a description of the rights granted to students with a disability by Section 504 of the
Rehabilitation Act of 1973, a civil rights statute, which prohibits discrimination against persons with a
disability in any program or activity receiving federal financial assistance. The intent of the law is to keep
you fully informed concerning decisions about your student and to inform you of your rights if you
disagree with any of these decisions.
You have the right to:
1. Have the student take part in, and receive benefits from public education programs without
discrimination because of his/her disability;
2. Have Herron High School advise you of your rights under federal law;
3. Receive notice with respect to identification, evaluation, or placement of the student;
4. Have the student receive a free appropriate public education. This includes the right to be
educated with non-disabled students to the maximum extent appropriate. It also includes the
right to have Herron High School make reasonable accommodations to allow your student an
equal opportunity to participate in school and school-related activities;
5. Have the student educated in facilities and receive services comparable to those provided
non-disabled students;
6. Have the student receive special education and related services if s/he is found to be eligible
under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation
Act;
7. Have evaluation, education, and placement decisions made based upon a variety to
information sources, and by persons who know the student, the evaluation data, and placement
options;
8. Have the student afforded an equal opportunity to participate in nonacademic and
extracurricular activities offered by Herron High School;
9. Examine all relevant records relating to decisions regarding the student’s identification,
evaluation, education program, and placement;
10. Obtain copies of education records at a reasonable cost, unless the fee would effectively
deny you access to the records;
11. A response from Herron High School to reasonable requests for explanations and
interpretations of the student’s records;
12. Request the amendment of the student’s educational records if there is reasonable cause to
believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of
your student. If Herron High School refuses this request for amendment, it shall notify you
within a reasonable time, and advise you of the right to a hearing on the matter of a record
amendment;
13. File a local grievance;
14. Request an impartial due process hearing related to decisions or action regarding the
student’s identification, evaluation, educational program or placement. You and the student
may take part in the hearing and have an attorney represent you. Written hearing requests
must be submitted to the 504 Coordinator/designee of Herron High School. The hearing must be
held no less than 15 days from the date a hearing officer is appointed or later if the hearing
officer grants a continuance.
Reasons for the due process hearing request:
a) Denied identification, evaluation or educational placement;
b) Placed in a setting which is not the least restrictive environment;
c) Denied appropriate services due to inaccessibility of programs;
d) Denied modifications to regular education program because of identified disability;
e) Denied participation in extracurricular and nonacademic activities due to disability.
15. Request payment of reasonable attorney fees. Awards of attorney fees are discretionary in
Section 504 hearings.
The person in Herron High School who is responsible for ensuring compliance with Section 504 is the
Section 504 Coordinator: Jane Hagenauer, who may be contacted at 317-231-0010, x1105
Receipt of Notice of Procedural Safeguards and Rights
Student Name: ________________________________________________________________________
DOB: ____________________ Student ID No.: ________________________________ Grade: _______
School: _________________________________ Teacher: ______________________________________
This is to verify that I have received copies of the Section 504 Notice of Procedural Safeguards and
Parent and Student Rights in Identification, Evaluation, and Placement, which inform me of my rights
throughout the educational process. The rights have been explained to me by:
_______________________________________________ ________________________________
Name, Position
on ___________________________.
Date
I understand that my rights include the right to receive:
(1) This and all other written notices in the language that I understand (primary language) or, if
needed, a translation of such orally, in sign language, or Braille, as appropriate, and
(2) Answers from school personnel to additional questions.
My signature below indicates that I received a copy of the Section 504 Parent and Student Rights in
Identification, Evaluation, and Placement and understand its contents.
_____________________________________________ ________________________________
Signature of Parent/Guardian Date
_____________________________________________ ________________________________
Signature of Parent/Guardian Date
Copies to: _____ Parent/guardian
_____ School Section 504 file
_____ Herron High School Section 504 coordinator
Section 504 Complaint/Grievance Procedures
Herron High School acknowledges that it is desirable to resolve allegations of discrimination through
free and informal communications. A request for an informal conference must be made by the grievant
within 10 calendar days after an alleged violation has occurred. A conference must be convened within
five calendar days after receipt of the request.
If the informal process fails to satisfy the grievant, a grievance may be processed as follows:
Step 1: Within five calendar days following the informal conference, the grievant shall file a grievance on
the form provided by the central office. The grievant should present the grievance orally or in writing to
the Section 504 Coordinator. Oral complaints will be reduced to writing. Within 20 calendar days of the
receipt of the grievance, the coordinator shall conduct a hearing regarding the complaint. All parties
involved in the grievance shall be given a five calendar day notice of the date, time and place of the
hearing. The parties shall be granted appropriate due process rights as required by law including the
right to be represented by counsel, offer testimony, present evidence, cross examine witnesses, and
appeal rulings. Within 15 calendar days of the adjournment of the hearing, the coordinator shall render
a written decision regarding the grievance.
Step 2: If the grievant is not satisfied at Step 1, the grievant may refer the grievance to the director of
schools within 10 calendar days after receipt of the Step 1 answer. The director or his designee shall
hold a de novo hearing following the same procedures as in the previous hearing.
Step 3: If the grievant is not satisfied at Step 2, the grievant may within 10 days request a Due Process
Hearing. This hearing shall follow the same procedures as required in the cases involving parents and
students.
Definitions: A “grievance” shall mean any claim by an employee that there has been a violation,
misinterpretation, or misapplication of the terms of Section 504.
Advanced Step Filing: Grievances may be initially filed at Step 1 thereby eliminating the informal
conference.
No Reprisals: No reprisals shall be taken by the Board or its agents against any individual because of
participation in this process.
Withdrawal: A grievance may be withdrawn at any level without establishing a precedent.
Time Limitations: An extension of the time limits is permissible by mutual consent of the parties at any
level.
Section 504 Complaint/Grievance Form
Date ________________________ School ________________________________________
Name ______________________________________________ Phone __________________________
Address ______________________________________________________________________________
Person(s) who discriminated against you/student (Please include the individual’s title):
_____________________________________________________________________________________
Please provide a brief description of what happened, when it happened, and who was involved. (Please
attach additional pages, if necessary).
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Explain what steps, if any, you have already taken to resolve this matter:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Describe how you would like to see this matter resolved:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________ _______________________________________
______________________________________________ _____________________________________
Signature
Print name
*Please attach any documents or other documents or information you think will help with the investigation of your
complaint.
Due Process Hearing Procedures
Section 504 of the Rehabilitation Act of 1973 provides parents with the right to an impartial due process
hearing to contest any action of Herron High School with regard to a student’s identification, evaluation
or placement. 34 CFR §104.36. The parent has the right to personally participate and to be represented
at the hearing by an attorney at the parent’s expense.
Request for Due Process
A parent who wishes to challenge Herron High School’s action or omission with regard to the
identification, evaluation or placement of a student who has or is believed to have a disability, shall
make an oral or written request for a due process hearing to Herron High School’s Section 504
coordinator. If a request is received orally, it should be reduced to writing or the parent/guardian should
be provided a form for such purpose. The written request must clearly state that the parent is seeking a
Section 504 due process hearing. Herron High School cannot refuse a parent’s due process hearing
request. Herron High School cannot unilaterally determine whether a due process hearing is warranted,
as such decisions are reserved to the impartial hearing officer.
Hearing Officer
Herron High School will appoint an impartial hearing officer to preside over the hearing and issue a
decision. Such appointment will be made within 15 calendar days of the date of receipt of a request for
a due process hearing. The hearing officer will be hired by Herron High School as an independent
contractor at no expense to the parent. The hearing officer cannot be a current employee of Herron
High School, and cannot be related to any member of Herron High School’s board of directors. The
hearing officer need not be an attorney, but must be familiar with the requirements of Section 504 and
the Herron High School’s hearing procedures. Herron High School’s choice of an impartial hearing officer
is final and may not be presented as an issue at the due process hearing, since such an issue would not
relate to the identification, evaluation, or placement of a student. If a parent disputes the impartiality of
the hearing officer, the parent may raise such issue in a review of the hearing officer’s written opinion
by a court of competent jurisdiction or in a complaint to the Office for Civil Rights. The regional office
which covers Indiana is: U.S. Department of Education Office for Civil Rights, 500 W. Madison Street,
Suite 1475, Chicago, IL 60661-4544, Telephone: (312) 730-1560
Scheduling of Hearing
The appointed hearing officer must issue a written order setting hearing date. The date for the hearing
must be within 15 calendar days of the date of the hearing officer’s appointment. The order must set a
mutually agreeable time and place for the hearing.
Continuances
Upon a showing of good cause the hearing officer may grant a continuance of the hearing date and set a
new hearing date.
Legal Representation at Hearing
Herron High School and parent may be represented by an attorney at each party’s expense.
Pre-Hearing Conference
The hearing officer may order a pre-hearing conference during which the parent or the parent’s
attorney will state and clarify the issues to be addressed at the hearing. The pre-hearing conference will
also serve to resolve preliminary matters, clarify jurisdictional issues, and answer the parties’ questions
regarding the hearing process. The pre-hearing conference can be held via telephone.
Dismissals
If, following the pre-hearing conference, the hearing officer determines that the parent, as a matter of
law, alleges no claims or issues within the jurisdiction of Section 504, the hearing officer may dismiss the
hearing request and issue an order to that effect explaining the basis for such finding.
Hearing
The hearing should be conducted in an informal manner. The hearing should be closed or open to the
public at the parent’s request. The hearing officer may reasonably limit testimony and introduction of
documentary exhibits.
Recording
The due process hearing may be audio or video tape-recorded. The parent may obtain a copy of the
tape-recording. The parties and witnesses should introduce themselves at the beginning of their
presentations. If a parent or Herron High School appeals the due process hearing decision to a court of
competent jurisdiction, Herron High School will prepare a written transcript of the hearing for the court
at no expense to the parent.
Format of Presentation
Each side will have an equal amount of time to present their positions to the hearing officer, who will
make the determination as to time constraints based upon the issues involved. The parent will present
its case first. Herron High School will present its case next. All of the preceding may be done either
personally or through an attorney. At the conclusion of Herron High School’s case, the parent may offer
a brief rebuttal.
Submission of Documentary Exhibits
The parties may submit any reports, evaluations, correspondence, notes, or any other documents that
may support their positions and that the hearing officer will admit at his /her discretion. Exhibits
submitted to the hearing officer by either party must be marked. The hearing officer may, in the
exercise of discretion, reasonably limit the number of documents to be submitted for review, as well as
the number of witnesses and the length and/or scope of their presentations or statements.
Closing Argument/Briefs
The hearing officer may allow or request written briefs summarizing and characterizing the information
presented at the hearing including legal authority in support of each party’s position. The hearing officer
will set time lines for the submission of briefs at the conclusion of the hearing.
Decision
The hearing officer may make an oral ruling at the conclusion of the hearing or take the case under
advisement, but, in all cases, the hearing officer shall issue a written opinion addressing and ruling on all
issues raised by the parties, indicating what corrective action, if any, Herron High School must take.
Formal findings of fact and conclusions of law are required. Any issue or claim raised by the parent that
is left unaddressed by the hearing officer will be deemed to have been denied. The written decision
must be issued within 45 calendar days of the date the request for a due process hearing is received by
Herron High School. The hearing officer may award attorneys’ fees to the prevailing party.
Review Procedure/Appeal
Parties not satisfied by the decision of the hearing officer may appeal the decision to state or federal
court.
Complaints to the Office for Civil Rights (OCR)
A parent may file a complaint with the Office for Civil Rights (OCR) if the parent alleges that Herron High
school violated any provision or regulation of Section 504. The filing of a complaint does not affect the
hearing process or the time lines set forth above. OCR addresses Section 504 complaints separately and
independently of the local hearing process, in accordance with the guidelines set forth in OCRs Case
Processing Manual. A parent should contact OCR or consult its Case Processing Manual concerning
timeframes for filing OCR complaints.
The OCR office for Indiana is:
U.S. Department of Education
Office for Civil Rights
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
Telephone: (312) 730-1560
Facsimile: (312) 730-1576
The OCR national office is:
U.S. Department of Education Office for Civil
Rights Lyndon Baines Johnson Department of
Education Bldg 400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481 FAX: 202-453-6012;
TDD: 877-521-2172 Email: OCR@ed.gov